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Questions Answered by Vince Sykes
1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Immigration Law for Utah on
Q: Can an asylum applicant (who has SSN and Employment Authorization because of it) legally buy a gun?

That person it’s not an ilegal or unlawful alien, and it perfectly fits for all the requirements of the BCI and the Federal laws.

Vince Sykes
Vince Sykes answered on Apr 10, 2021

You need to get a permit; whether you can legally purchase or not. Work permit and SS number don’t confer you status. In fact you have no status, but perhaps refugee seeking to remain in the US. And any weapons offense could negatively impact your asylum application.

1 Answer | Asked in Immigration Law for New Jersey on
Q: De-Scheduled Naturalization Interview

I had my naturalization interview scheduled on April 13th 2021, however I received a letter today stating De-scheduled Interview. On letter it says due to unforseen circumstances we have had to cancel the previously scheduled interview. We regret any i convenience this may cause. We will advise you... Read more »

Vince Sykes
Vince Sykes answered on Apr 2, 2021

You basically have to wait. But check the online info site periodically to see if there are any updates. Communication with USCIS is on a simplex basis, so requires patience.

2 Answers | Asked in Immigration Law for New Jersey on
Q: N 400 Naturalization Interview

Hello, I recently got married in February 2021 In india but I was unable to register the marriage with Indian govt. due to office closures(Covid) . I am a GC holder and had filed my N400 naturalization in dec 2019 when I was single. I have my interrview date in April 2nd week. My wife is in India... Read more »

Vince Sykes
Vince Sykes answered on Mar 31, 2021

Presumably you will be looking to petition for your wife, which is the I-130 petition and of course showing of legit marriage. Your N-400 is based solely on your qualifications--married or not. Needless to say, if asked about your marital status at the interview, you answer accordingly.

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Which visa should my husband apply for?

My husband is Guatemalan, and we live together in Guatemala. I would like him to come with me to the States to visit, but we have no intention of living permanently in the States. He applied for a tourist visa to come with me on a visit, but he was denied when they saw we were married with a kid. I... Read more »

Vince Sykes
Vince Sykes answered on Oct 20, 2019

Your fact pattern is sketchy? What are you trying to achieve? If you just want to visit (any country for that matter) and you were denied a vistor's/tourist visa--then there's nothing more; other than seeing if you can re-apply in the near future with more concrete proof that you will... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: How can i avoid a 3 or 10 year ban after overstaying a visitor s visa to spend time with my LPR husband?

I m trying to get a new lawyer because she s not good at explaining, Im not sure if I was scammed. I entered on a B2 visa on july 30, 2019 and married a LPR on august 14. Our lawyer delayed the filling so our priority date for I130 is Sept 3 but my I94 expired on august 30. She made me pay for 2... Read more »

Vince Sykes
Vince Sykes answered on Oct 20, 2019

Since you entered lawfully (with a visa), you can always apply for a waiver if it ever becomes necessary...Nonetheless, you should have your LPR spouse petition for you, i.e., I-130 and eventually adjust status. Since spouse is LPR, you are not in the highest preference category; which means your... Read more »

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hello, This question might sound really strange to you. Is it possible to block someone's I-130 petition?

IF yes, on what grounds can it be blocked or canceled ? I understand people feel very good in immigrating their relatives such as spouses, parents and siblings. However, in my case I fear my own married life which is hanging by a thread will be over. There is a very big background on it. Please,... Read more »

Vince Sykes
Vince Sykes answered on Oct 17, 2019

An I-130 confers no benefit and only confirms that there is a bona-fide marriage or other direct relationship, i.e, siblings, parent-child, etc. So, what's to block? Those predicate facts are true or false... Nonetheless, petitioner does not have to sign; does not have to file I-130--but if... Read more »

2 Answers | Asked in Immigration Law for New Jersey on
Q: Would a unemployed US citizen run into issues marrying visa student. (Extra info)

I myself at 27 am not financially stable, live with my mom, I am going back to school and do not have a job however my mom and friend would consign as sponsor(s). I read that latest tax returns are a document that would be looked at however my job history i have typically not made enough to file... Read more »

Vince Sykes
Vince Sykes answered on Oct 9, 2019

Eventually, you will need to complete Form I-864 Affidavit of Support. If your income doesnt meet the threshold, you can include a co-sponsor who will have to show the necessary minimum income by way of tax documents/w2's etc.

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